Rule 24 of CPC : Rule 24: Process for execution.
CPC
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Explanation using Example
Example 1:
Scenario: Ramesh wins a civil lawsuit against Suresh for non-payment of a loan amounting to ₹5,00,000. The court issues a decree ordering Suresh to pay the amount to Ramesh.
Application of Rule 24:
- Preliminary Measures: Before issuing the execution process, the court ensures that all preliminary measures, such as serving notice to Suresh and verifying the decree, are completed.
- Issuance of Process: The court then issues a process for the execution of the decree. This process is dated, signed by the judge, sealed with the court's seal, and handed over to the court officer for execution.
- Execution Timeline: The process specifies that the execution (e.g., attachment of Suresh's property) must be completed within 30 days and returned to the court within 45 days. Even if the return date is not specified, the process remains valid.
Example 2:
Scenario: Meena wins a property dispute case against her neighbor, Anil. The court decrees that Anil must vacate the disputed property and hand it over to Meena.
Application of Rule 24:
- Preliminary Measures: The court ensures that all necessary steps, such as notifying Anil and confirming the decree, are taken.
- Issuance of Process: The court issues a process for the execution of the decree, which includes the date of issuance, the judge's signature, and the court's seal. This process is then given to the court officer responsible for execution.
- Execution Timeline: The process specifies that Anil must vacate the property within 15 days and the execution report must be returned to the court within 20 days. The process remains valid even if the return date is not mentioned.
Example 3:
Scenario: Priya wins a lawsuit against a company for breach of contract, and the court orders the company to pay her ₹10,00,000 in damages.
Application of Rule 24:
- Preliminary Measures: The court ensures that all preliminary steps, such as serving notice to the company and verifying the decree, are completed.
- Issuance of Process: The court issues a process for the execution of the decree, which includes the date of issuance, the judge's signature, and the court's seal. This process is then handed over to the court officer for execution.
- Execution Timeline: The process specifies that the company must pay the damages within 60 days and the execution report must be returned to the court within 75 days. The process remains valid even if the return date is not mentioned.
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